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Namibia's Judiciary Under Fire for Upholding Same-sex Marriage Rights

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Justice Nwafor
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Namibia's Judiciary Under Fire for Upholding Same-sex Marriage Rights <br> Image Credit: Open Source

Namibia's Supreme Court has recently ruled that the government must recognize same-sex marriages that were legally conducted outside the country, even though homosexuality is still criminalized in Namibia. This landmark decision has sparked a backlash from some politicians, religious leaders and traditional authorities who have accused the judges of undermining the country's sovereignty, culture and values.

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The ruling and its implications

The case was brought by two same-sex couples who had married in Germany and South Africa respectively, and who sought to have their marriages recognised in Namibia for immigration purposes. The government had denied them residency rights on the basis that their marriages were invalid in Namibia, which only recognises marriage as a union between a man and a woman.

The Supreme Court overturned a High Court judgement from 2022 that had upheld the government's position, and ruled that the refusal to recognise same-sex marriages violated the constitutional rights of dignity and equality of the couples . The court also noted that Namibia is a signatory to international human rights treaties that prohibit discrimination on the grounds of sexual orientation.

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The ruling is seen as a major victory for the LGBT+ community in Namibia, which faces widespread stigma, harassment and violence. It also sets a precedent for other cases involving same-sex couples who want to enjoy equal rights and benefits in areas such as inheritance, taxation, health care and adoption.

The backlash and its dangers

However, not everyone has welcomed the ruling. Some political parties, church groups and traditional leaders have launched a campaign to condemn the judgement and call for its reversal. They have argued that the ruling goes against the will of the majority of Namibians, who are opposed to same-sex marriage on religious, cultural and moral grounds.

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Some of these critics have also resorted to personal attacks on the judges, questioning their integrity, impartiality and competence. They have demanded that the judges be removed from office, or that the government enact laws that would limit the judiciary's independence and authority. Some have even threatened violence against the judges or the LGBT+ community.

These attacks are dangerous for several reasons. First, they undermine the rule of law and the separation of powers in Namibia, which are essential for democracy and good governance. Second, they erode public trust and confidence in the judiciary, which is supposed to be the final arbiter of disputes and protector of rights. Third, they incite hatred and intolerance against a vulnerable minority group, which could lead to further violence and human rights violations.

The way forward

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Namibia's Constitution states that "no member of the Cabinet or the legislature or any other person shall interfere with judges or judicial officers in the exercise of their judicial functions" . It also states that "all persons shall be equal before the law" and "no persons may be discriminated against on grounds of sex" .

These constitutional principles should guide Namibia's response to the Supreme Court ruling on same-sex marriage. Rather than attacking or undermining the judiciary, Namibia should respect its independence and authority. Rather than discriminating or persecuting LGBT+ people, Namibia should protect their rights and dignity.

Namibia has an opportunity to show leadership and courage in advancing human rights and social justice for all its citizens. It should not miss this chance.

Namibia's Judiciary Under Fire Upholding Same-sex Marriage Rights
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